Opinion No. JS-0002
Mr. Mark Wolfe
Executive Director
Texas Historical Commission
Post Office Box 12276
Austin, Texas 78711-2276
Re: Questions related to the ownership of the Texas Revolution and Texas Civil War centennial markers and what state agency, if any, is responsible for the preservation and maintenance of the markers (RQ-0491-KP)
S U M M A R Y
Article III, sections 51 and 52 of the Texas Constitution prohibits a state agency from making an outright grant of state property. A state agency's conveyance of state property must be authorized by the Legislature. To the extent ownership of the historical markers commemorating the centennial of the Republic of Texas and the Civil War has not been lawfully transferred to another party, the markers remain the property of the State of Texas.
Pursuant to Government Code section 2165.001, the Texas Facilities Commission is the custodian of state property and responsible for the proper care and protection of such property. And under Government Code sections 2166.501 and 2166.502, the Facilities Commission has responsibility for certain monuments and memorials. As a result of those duties, a court would likely conclude the Texas Facilities Commission is charged with maintaining the historical markers commemorating the centennial of the Republic of Texas and the Civil War.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202302255
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: June 21, 2023
Opinion No. JS-0003
The Honorable Stephanie Klick
Chair, House Committee on Public Health
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Authority of school districts or educators to choose what disciplinary action to impose on a student because of race, ethnicity, sex, or gender of the student (RQ-0492-KP)
S U M M A R Y
Texas Equal Rights Amendment of the Texas Constitution provides that "[e]quality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin." In applying this provision, the Texas Supreme Court will not uphold a state action based on sex, race, color, creed, or national origin unless it is narrowly tailored to serve a compelling governmental interest. Thus, any race-based student disciplinary decision by an educator or school district, whether motivated by guidance from the Office for Civil Rights of the U.S. Department of Education or otherwise, violates state law unless it meets this standard. A court would likely conclude that avoiding a disparate impact cannot serve as a compelling governmental interest that justifies making a race-based student disciplinary decision.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202302331
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: June 27, 2023